Zoning Power & Public Utilities in Missouri

The Missouri Court of Appeals recently rendered a decision concerning the interplay of county zoning authority and the power of the Public Service COmmission over public-utility facilities such as power plans.  The case is StopAquila.org v. Aquila.  Aquila (the public utility) had begun constructing a power polan and transmission facilities in a district not zoned for such use without a special use permit.  Aquila had also failed to secure specific approval from the Public Service Commission.

The appellate court concluded that the utility could fall within the first-class non-charter county zoning exemption for projects approved by the Public Service Commission, but said that the legislature intended that public utilities seek specific approval from the Public Service Commission when they wished to construct an electric power plant.  Since the utility had failed to secure specific Public Service Commission approval, the project could not yet proceed.

This case illustrates the complicated interplay of local land use authority when state agencies have oversight and specific authority to approve facilities of this sort.